Family of the First Swine Flu Victim Plans to Sue New York City

Mayor Michael Bloomberg declared that Mr. Mitchell Wiener was hospitalized with New York City’s first serious case of swine flu. Mr. Wiener died on May 17. He contracted the virus while teaching at an intermediate school in Queens. Mayor Bloomberg, along with the city’s health commissioner, Dr. Thomas R. Frieden, stated that additional health conditions made him more vulnerable to the virus. The city medical examiner later concluded that obesity and arteriosclerotic heart disease have been contributing factors in the death.

His wife, Bonnie Wiener, and her three sons have informed the city that they plan to file a wrongful death and negligence lawsuit against the city. The lawsuit states that the city failed to inform Mr. Wiener that he was in contact with the virus while working at the school; that it didn’t act fast enough to stop the transmission of the disease; and that it didn’t provide a safe working environment for Mr. Wiener, along with other allegations. The family is seeking $40 million in the suit, which isn’t surprising to New York Personal Injury Lawyers.

The family seeks the following damages: for pain and suffering and wrongful death on behalf of Mr. Wiener; for medical expenses and loss of companionship on behalf of Mrs. Bonnie Wiener; and for loss of moral support, companionship, and counsel by their sons.